National Republican., 1887-02-17
FAULTY INroRMArIoNs.
Throwing Out Police Court Papers on
Account OF DefectIveness.

The manner IN which business Is trans
acted In the police court does not always
assist In the administration Of justice, and,
while Judge Smell may hold a criminal to
prompt and strict accountability for his
misdeeds, legal loopholes are ofttimes ere
ated by which the violater Of the law
escapes without receiving the punishment
to which he is honestly entitled. 1t may be
arise, but, no matter how they occur, they
have the effect to intercept the true ter
mination Of the case.
Not long ago over 300 cases were thrown
out Of the criminal court, where they had
gone by appeal, by Justice Wylie on the
ground Of defective informations. The sig.
nature of the prosecuting attorney, which
had to be attached to them, was printed
instead Of written, and IL being held that
this was no signature, the entire batch was
declared worthless.
Another and equally as important point
was renewed In the criminal court yester :
day afternoon, 1t having been raised orig
inally about q year since, but not then dell
nitely ruled upon.
Edward /. McClelland was placed at the
bar to stand trial OH an appeal from the
police court charging him with keeping a
Sunday bar. 1t was stated In the informa-
tion that this violation of the law took
place "between the LIST of November, 1885,
and the date OF the filing OF this informa-
tion.n
Mr.. G. s. Moore, counsel for the de-
fendant, raised the point that the informa-
tion was not sufficiently defuite. In point
of fact there was no file ma,k on the paper
and nothing to show that 1t ever had been
filed. II they were called upon to answer
as to the beginning and ending Of the time
when the offense was alleged to have been
committed the dates should be given or the
paper should bear a file mark, otherwise
| they could only conjecture the time In which
| to meet the prosecution.
Assistant District Attorney Davis said
| that the prosecution had never attempted
to 20 beyond the date made in the affidavit.
Justice Mac Arthur referred to the fact
| that on previous occasion this same point
| bad been raised, and he had constructlyely
| held, to prevent the destruction OF the great
number of cases then pending, that the
| date in the information should stand for
the date Of filing. At that time he sug'
| gested the attention OF the police court be
brought to the matter and the trouble
remedied. Court papers should show file
| mark, and the information iu the present
case was faulty. II 1t did not bear file
| mark, then the dates between which times
the offense was charged as having been
| committed ought to be inserted.
| Mr. Davis Cialmeu tnaJ IL tnlS was du
error 1t had existed for the seventeen years
of the court. He had attempted to carry
out the suggestion Of the court, and have
the papers filed.
Justice Macarthur said that the linz
must be drawn somewhere, and he would
sanction all informations drawn prior tC
the March term of the criminal court Ii
1856, at which time attention was directed
to this matter, and those later than thu
period would come under the point raised
The informations should be amended o.
receive filing defining the time of the In
stituting Of the prosecution.
Mr.. Davis asked the court to 0x the tim
to date from yesterday, hnd he would Sc
that the change was Immediately made
Justice Macarthur said that they wOult
go on with these cases prior to March, 1886
and he would see whether he would adher
to the ruling as to the others, and asket
how many Of them there were.
"About a Dozen" said Mr.. Davis.
"Ilow many will be outlawed,n he asked
"Don't know" he replied. 81 will com
in in the morning and let you know jus
where we stand.n
The court agreed to give him until tina
time.
Mr.. Henry MYLANDER, a well-known tailo
| pf dali fip,nr rit "A mr.